1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Facts of recognition;

A. On April 28, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 3.1 billion (hereinafter “instant primary sales contract”) and entered into the purchaser’s name as C. The main contents of the instant primary sales contract are as follows. The Plaintiff paid the down payment of KRW 300 million to the Defendant on the date of the contract.

A sales contract for a building;

2. The balance of the purchase price of KRW 3.1 billion and the down payment of KRW 3.1 billion paid at the time of the contract shall be paid in August 28, 2015, in the amount of KRW 2.8 billion.

Matters of special agreement

3. The problem of the present lessee should be removed by the present owner within five (5) months from the date of the contract. If the present owner fails to do so within the said period, he/she shall take all measures, such as deposit, in consultation with the buyer.

4.The buyer will temporarily keep any balance of 100 million won after deducting it from the deposit, until the present lessee leaves the entire area.

5. The seller will pay any balance after deducting the amount confirmed by him and the interest at the date of the balance payment and the amount obtained by deducting 100 million won of the deposit for the lease from the remainder on the registry (the maximum amount of the claim KRW 2.16 billion).

B. However, the Plaintiff failed to pay the remainder by August 28, 2015, which is the remainder payment date of the instant first sales contract, and the Defendant notified C of the cancellation of the instant first sales contract on the grounds of the remainder payment on September 11, 2015.

C. After that, the Plaintiff requested the Defendant to “the Plaintiff to conclude a sales contract again because it is possible to prepare the remaining amount,” which is accepted by the Defendant. On February 18, 2016, the Plaintiff and the Defendant purchased the instant real estate from the Defendant in the amount of KRW 3.13 billion, and the down payment is already paid in lieu of the down payment paid under the instant first sales contract, and the remainder amount is paid in the amount of KRW 2.83 billion on March 29, 2016.